Creative Academy Group Pty Ltd v White Pointer Investments Pty Ltd

• 1. Contract
  2. › Formation
  3. › Consideration
  4. › Pre-existing contractual obligation
  5. › Whether new promise is no more than promisor already bound to do
  6. › Whether new promise was bona fide compromise of disputed claim
• 1. Contract
  2. › Illegality
  3. › Contracts contrary to public policy
  4. › Unlicensed agent
  5. › Whether incongruent with public policy to allow unlicensed agent to retain monies paid
  6. › Property and Stock Agents Act 2002 (NSW), ss 8, 9
  7. › Agents Act 2003 (ACT), ss 8, 18, 23
• 1. Restitution
  2. › Ineffective transactions
  3. › Unenforceable contracts
  4. › Restitution of money paid
  5. › Where payee in breach of licensing obligation
  6. › Whether payor entitled to restitution where legislation excludes quantum meruit claims but does not provide for recovery of amounts already paid
  7. › Property and Stock Agents Act 2002 (NSW), ss 8, 9, 55
  8. › Agents Act 2003 (ACT), ss 23, 99, 100
• 1. Restitution
  2. › Mistake
  3. › Restitution of money paid
  4. › Whether payor entitled to restitution of monies paid under mistaken belief that payee could enforce claim
  5. › Whether payment made as result of mistaken belief
  6. › Causation of mistake

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